GT&C

General Terms and Conditions of Elevating Sports B.V.

Table of contents:

Article 1 – Identity of Elevating Sports B.V. 

Article 2 – Applicability

Article 3 – The offer

Article 4 – The agreement

Article 5 – No right of withdrawal

Article 6 – Damage

Article 7 – The price

Article 8 – Compliance 

Article 9 – Delivery and execution

Article 10 – Payment

Article 11 – Complaints procedure

Article 12 – Disputes

Article 13 – Additional or deviating provisions

Article 14 – Liability

Article 15 – Intellectual property

Article 1- Identity of Elevating Sports B.V. and the customer

Elevating Sports B.V. is located in Hilversum and registered with the Chamber of Commerce under number: 77413628. In these general terms and conditions, the natural person in the capacity of their profession or business and the legal entity entering into an agreement with Elevating Sports B.V. are referred to as “Customer”.

Article 2 – Applicability 

  1. These general terms and conditions apply to every offer made by Elevating Sports B.V. and to every agreement and order(s) concluded between Elevating Sports B.V. and the Customer.
  2. Before the agreement is concluded, the text of these general terms and conditions will be made available to the Customer. The Customer must agree to these general terms and conditions.
  3. If the agreement is concluded electronically, the text of these general terms and conditions can be made available to the Customer electronically in such a way that it can be easily stored on a durable data carrier by the Customer. 
  4. If one or more provisions of these general terms and conditions are wholly or partially invalid or nullified at any time, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced immediately by a provision, drawn up in mutual consultation, that approximates the purport of the original as closely as possible.

Article 3 – The offer

  1. If an offer has a limited period of validity or is made subject to any conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. Elevating Sports B.V. is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Customer. Obvious mistakes or obvious errors in the offer shall not be binding for Elevating Sports B.V.
  4. All images and specifications in the offer are indicative and do not constitute grounds for compensation or dissolution of the agreement.
  5. Images of products are, as far as possible, a true representation of the products. However, Elevating Sports B.V. cannot guarantee that the displayed product exactly matches the real product. 
  6. The information contained in each offer is such that it is clear to the Customer what rights and obligations are attached to the acceptance of the offer.

Article 4 – The agreement

  1. The agreement is concluded upon the Customer’s acceptance of the offer and compliance with the conditions attached to it.
  2. If the agreement is concluded electronically, Elevating Sports B.V. will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the Customer is given the option to pay electronically, Elevating Sports B.V. will take appropriate security measures into account. 
  3. Each agreement is concluded under the suspensive conditions of sufficient availability of the products concerned. 
  4. The agreement cannot be dissolved or otherwise cancelled or terminated by the Customer. 

Article 5 – No right of withdrawal

  1. When purchasing products, the Customer has no further option to dissolve the agreement based on a right of withdrawal. The statutory right of withdrawal only applies to consumers who are not acting in the capacity of their profession or business.

Article 6 – Damage 

  1. In the event of damage to the product due to careless or incorrect handling by the Customer or by third parties engaged by the Customer, the Customer is liable for damage and any reduction in value of the product.

Article 7 – The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, Elevating Sports B.V. can offer products or services of which the prices are subject to fluctuations in the financial market and on which Elevating Sports B.V. has no influence, with variable prices. 
  3. The prices mentioned in the offer of products or services are exclusive of VAT unless stated otherwise.
  4. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, Elevating Sports B.V. is not obligated to deliver the product for to the erroneous price. 

Article 8 – Compliance 

  1. Elevating Sports B.V. guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and legal provisions and/or government regulations existing at the date of the conclusion of the agreement. 
  2. Any defects or wrongly delivered products must be reported in writing to Elevating Sports B.V. within 14 days after delivery. Products must be returned in their original packaging and in brand-new condition. Costs for returning the products are at the expense of the Customer.
  3. The warranty period of Elevating Sports B.V. corresponds to the legal warranty period. Elevating Sports B.V. is never responsible for the final suitability of the products for each individual application by the Customer, nor for any advice regarding the use or application of the products.
  4. In any case, the legal warranty does not apply if:
  • The Customer has repaired and/or processed the delivered products or has had them repaired and/or processed by third parties;
  • The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of Elevating Sports B.V. and/or the packaging has been damaged;
  • The defects are entirely or partially as a result of regulations that the government has drawn up or will draw up with regard to the nature or quality of the materials used. 

Article 9 – Delivery and execution

  1. Elevating Sports B.V. will exercise the utmost care in receiving and executing orders for products and in assessing applications for the provision of services.
  2. The place of delivery is the address the Customer has given Elevating Sports B.V.
  3. Subject to what is stated in paragraph 4 of this article, Elevating Sports B.V. will execute accepted orders with due diligence but at the latest within 30 days, unless the Customer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only partially be carried out, the Customer will be notified within 30 days after they have placed the order. The Customer is not entitled to any compensation. 
  4. All delivery terms are indicative. The Customer cannot derive any rights from any of these terms. Exceeding a term does not entitle the Customer to compensation.
  5. If delivery of an ordered product turns out to be impossible, Elevating Sports B.V. will make every effort to provide a replacement product. At the latest upon delivery, Elevating Sports B.V. will be informed in a clear and comprehensive manner that a replacement product will be delivered. 
  6. Elevating Sports B.V. bears the risk of damage and/or loss of products until the moment of delivery to the Customer or a representative appointed in advance and Elevating Sports B.V. is informed, unless explicitly agreed otherwise.

Article 10 – Payment

  1. Unless otherwise agreed, the amounts owed by the Customer must be paid when purchasing online and therefore before the products are delivered (prepayment).  
  2. The Customer has a duty to report any inaccuracies in the payment details to Elevating Sports B.V. without delay.
  3. In the case of non-payment by the Customer, Elevating Sports B.V. has the right to charge the legal commercial interest and extrajudicial collection costs.

Article 11 – Complaints procedure

  1. Elevating Sports B.V. has a complaints procedure and handles complaints according to this complaints procedure.
  2. Complaints about the execution of the agreement must be fully and clearly described and submitted in writing to Elevating Sports B.V. within 14 days after the Customer discovers the defects.
  3. Complaints submitted to Elevating Sports B.V. will be responded to within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Elevating Sports B.V. will respond within the period of 14 days with a message of receipt and an indication of when the Customer can expect a more detailed response.
  4. If a complaint is found to be justified by Elevating Sports B.V., Elevating Sports B.V. will, at its discretion, replace or repair the delivered products free of charge.

Article 12 – Disputes

  1. All agreements between Elevating Sports B.V. and the Customer subject to these general terms and conditions are exclusively governed by Dutch law. 
  2. The Vienna Sales Convention is not applicable.
  3. All disputes arising from or related to this agreement shall be brought exclusively before the District Court of the Central Netherlands in Utrecht.

Article 13 – Additional or different provisions and adjustments

Additional provisions or provisions deviating from these general terms and conditions must be recorded in writing or in such a way that the Customer can store them in an accessible manner on a durable data carrier. Elevating Sports B.V. can adjust these terms and conditions from time to time, of which the Customer will be informed. 

Article 14 – Liability

  1. In case Elevating Sports B.V. is legally liable, Elevating Sports B.V. is only obliged to compensate for direct damages, subject to the limitations included in this article. 
  2. The extent of the total liability of Elevating Sports B.V. for direct damages is always limited to the amount that is actually paid to Elevating Sports B.V. by the insurance company of Elevating Sports B.V.
  3. Elevating Sports B.V. is not liable for indirect damages (such as but not limited to, consequential damages, fines, lost sales, lost profits, missed savings, reduced goodwill, reputational damage, and immaterial damage). 
  4. Elevating Sports B.V. is not liable for direct damage that is (partly) caused by Elevating Sports B.V. due to incomplete or incorrect information provided by or on behalf of the Customer.
  5. The Customer is obligated to hand over the information provided by Elevating Sports B.V. about the product and/or service, including the user manual, assembly instructions and disclaimer, to the Customer’s customers. Elevating Sports B.V. is never liable for damage if the Customer does not act in accordance with this provision and if the Customer or persons engaged by the Customer or the consumer does not use the product in accordance with the information provided by Elevating Sports B.V.

Article 15 – Intellectual property

As far as copyright, trademark, model, trade name, or other intellectual property rights are based on products and services provided by Elevating Sports B.V. for the execution of the agreement, Elevating Sports B.V. is and shall at all times remain the owner of these rights. 

Elevating Sports B.V.  

Hilversum